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WCRF INTERNATIONAL NOURISHING FRAMEWORK R Restrict food advertising and other forms of commercial promotion This table provides examples of the types of policy action that can be taken within this policy area, examples of where these policy actions have been implemented, and a brief description of what the action involves. It provides a global snapshot, largely of policies already implemented; it is not necessarily comprehensive. The examples were collated through a review of international reports of policy actions around the world, academic articles reporting on policy actions, and online government resources. We welcome feedback. Please contact us at [email protected] if you would like to add any further examples of implemented policies, see the policy documents that we reference, or have any further questions or comments. EXAMPLES OF POLICY ACTIONS EXAMPLES OF WHERE IMPLEMENTED WHAT THE ACTION INVOLVES Mandatory regulation of broadcast food advertising to children Chile In 2012, the Chilean government approved a Law of Nutritional Composition of Food and Advertising (Ley 20, 606). In June 2015, the Chilean authority approved the regulatory norms required for the law’s implementation (Diario Oficial No 41.193). The regulatory norms define limits for calories, saturated fat, sugar and sodium content considered “high” in foods and beverages. The law restricts advertising directed to children under the age of 14 of foods in the “high in” category. The regulatory norms define advertising targeted to children as TV programs or websites directed to children or with an audience of greater than 20% children, or in commercial breaks before, during or after these shows, and according to the design of the advertisement. Promotional strategies and incentives, such as cartoons, animations, and toys that could attract the attention of children are included in the ban, as is advertising of foods in schools (see below). These are scheduled to take effect 1 July 2016. (See “N” for details of the labelling regulations.) Iran Broadcast advertising of soft drinks has been prohibited since 2004. In 2014, in the context of the Iranian Fifth Five-Year Development Plan (2011-2015), the Ministry of Health and Medical Education prepared a list of 24 food items to be prohibited from advertising in all media. The list has been sent to the Commerce, Industry and Finance ministries for approval. Ireland Advertising, sponsorship, teleshopping and product placement of foods high in fats, sugars and salt, as defined by a nutrient profiling model, are prohibited during children’s TV and radio programmes where over 50% of the audience are under 18 years old (Children’s Commercial Communications Code, 2013 revision). In addition, there is an overall limit on advertising of foods high in fats, sugars and salt adverts at any time of day to no more than 25% of sold advertising time and to only one in four advertisements. Remaining advertising targeted at children under the age of 13 must not include nutrient or health claims or include licensed characters. Mexico In February 2014, the Ministry of Health issued an Order restricting the advertising of foods and sweetened beverages, defined according to a nutrient profiling model. The restrictions apply to TV programmes classified as “A” within the times of 2.30-7.30pm on weekdays and 7:00am-7.30pm on weekends, where over 35% of the audience are under age 13. Advertising for these foods is also restricted in films classified as “A”. Implementation began on 15 July 2014 for sweetened drinks, potato chips, chocolates and confectionary and will be extended to other foods covered by the nutrient profiling model in January 2015. South Korea TV advertising to children under 18 years of age is prohibited for specific categories of food before, during and after programmes shown between 5-7pm and during other children’s programmes (Article 10 of the Special Act on the Safety Management of Children’s Dietary Life, as amended 2010). The restriction also applies to advertising on TV, radio and Internet which include “gratuitous” incentives to purchase e.g. free toys. United Kingdom Advertising and product placement of foods high in fats, sugars and salt, as defined by a nutrient profiling model, is prohibited during TV and radio programmes that have 20% or more viewers under 16 years old relative to the general viewing population (includes sponsorship of TV programmes). The restrictions came into force in February 2007, with a phased implementation by advertisers by end of 2008. Mandatory regulation of food advertising on non-broadcast communications channels Mandatory regulation of food advertising through any medium Chile In 2012, the Chilean government approved a Law of Nutritional Composition of Food and Advertising (Ley 20, 606). In June 2015, the Chilean authority approved the regulatory norms required for the law’s implementation (Diario Oficial No 41.193). The law restricts advertising directed to children under the age of 14 of foods in the “high in” category. The regulatory norms define advertising targeted to children as TV programs (see above) or websites directed to children or with an audience of greater than 20% children, and according to the design of the advertisement. It also restricts advertising to children on the radio and in magazines. Promotional strategies and incentives, such as cartoons, animations, interactive games, apps and toys that could attract the attention of children are included in the ban, as is advertising of foods in schools (see below). These are scheduled to take effect 1 July 2016. (See “N” for details of the labelling regulations.) South Korea Internet advertising which includes “gratuitous” incentives to purchase (e.g. free toys) are prohibited (Article 10 of the Special Act on the Safety Management of Children’s Dietary Life, as amended 2010). Peru In 2013, the law "Promoting Healthy Eating for Children and Adolescents" (Ley No 30021) was passed in Peru. The technical parameters for food and drinks considered high in sugar, salt and saturated fat (required for the law to be applied) were approved in April 2015 (Supreme Decree No 007-2015-SA): sugar: ≤2.5 g/100 mL of drink, ≤5 g/100 g of food, salt: ≤300 mg/100 mL of drink or 100 g of food, saturated fat: ≤0.75 g/100 mL of drink, ≤1.5 g/100 g of food. The law includes a range of provisions designed to discourage unhealthy diets, including restrictions for advertising aimed at children and adolescents under the age of 16 years through any medium, including not using age inappropriate portion sizes, not using gifts, prizes or any other benefit to encourage purchase or consumption of food or drinks, not using real or fictional characters known to children. The law also includes warnings on advertising for foods high in saturated fats, sugars and salt, and containing trans fats: “High in sodium/sugar/saturated fat: avoid excessive consumption”, “Contains trans fat: avoid consuming”. It is reported that industry compliance is poor and that industry is waiting for the publication of the full implementing regulations (in addition to the technical parameters). Information updated 24/11/2015 Mandatory regulation of specific marketing techniques Mandatory regulation of food marketing in schools Ireland The 2009 Children’s Commercial Communications Code (as amended 2010) states that food advertising to children under the age of 18 must not feature celebrities, and to children under age 15, not include characters and personalities from children’s programming. United Kingdom Product placement is covered by restrictions on broadcast advertising (see above). Chile In 2012, the Chilean government approved a Law of Nutritional Composition of Food and Advertising (Ley 20, 606). In June 2015, the Chilean authority approved the regulatory norms required for the law’s implementation (Diario Oficial No 41.193). The law restricts advertising directed to children under the age of 14 of foods in the “high in” category, including TV programs, Internet, radio and magazines (see above). In addition, the regulatory norms ban the promotion, marketing, or advertising of these products in pre-school, primary and secondary schools. These are scheduled to take effect 1 July 2016. (See “N” for details of the labelling regulations.) Poland The 2006 Act on Food and Nutrition Safety (Journal of Laws, item 1225) was amended in November 2014 (Journal of Laws, item 1256) to include rules for sales, advertising and promotion of foods (based on a list of food categories) and nutrition standards for canteens in pre-schools, primary and secondary schools (see “O” for details). The amended act prohibits the advertising and promotion of foods in schools that do not meet the nutrition standards set out in the new regulation (Act of 28 November 2014 amending the act on food and nutrition safety), created by the Ministry of Health. The new act came into effect 1 September 2015. Information updated 24/11/2015 Spain In 2011 the Spanish Parliament approved a Law on Nutrition and Food Safety (Ley 17/2011), which stated that kindergartens and schools should be free from advertising. Criteria for the authorization of food promotion campaigns, nutritional education and promotion of sports or physical activity campaigns were developed jointly by the Spanish Agency for Consumer Affairs, Food Safety and Nutrition (AECOSAN) and the Regional Health Authorities and implemented in July 2015. AECOSAN and the Spanish Regional Education and Health Administrations monitor the enforcement of the law. Information updated 24/11/2015 United States In 2007, the state of Maine passed a law prohibiting brand-specific advertising of certain unhealthy foods and beverages on school grounds, at any time. The ban applies to "foods of minimum nutritional value" as defined by federal law. It is reported that compliance with the ban is poor. Uruguay In September 2013, the government of Uruguay adopted Law No 19,140 “Alimentación saludable en los centros de enseñanza” (Healthy foods in schools). The law prohibits the advertising and marketing of foods and drinks that don’t meet the nutrition standards [referenced in Article 3 of the law, and outlined in school nutrition recommendations published by the Ministry of Health in 2014 (see “O”)]. Advertising in all forms is prohibited, including posters, billboards, use of logos/brands on school supplies, sponsorship, distribution of prizes, free samples on school premises and the display and visibility of food. The law began to be implemented in 2015. Mandatory requirement that advertisements must carry a health message or warning France All television advertising (targeted at children or adults) for processed food and drinks, or food and drinks containing added fats, sweeteners and/or salt, must be accompanied by a message on the principles of dietary education as approved by the National Institute of Health Education. The messages were defined by a 2007 Decree: "For your health, eat at least five fruits and vegetables a day"; "For your health, exercise regularly"; "For your health, avoid eating too many foods that are high in fat, sugar or salt"; "For your health, avoid snacking between meals". Government engage with industry to develop self-regulation to restrict food marketing to children Denmark The Code of Responsible Food Marketing Communication was issued by the Forum of Responsible Food Marketing Communication, a cooperation between Danish industry organisations of the food and beverage, retail and media sectors. The Code is a voluntary, self-regulatory initiative effective since January 2008, applicable to food and beverage marketing to children aged 13 and under via media outlets (TV, radio, internet, SMS, newspapers, comic books). The Code sets guideline limits for salt, sugar and fat content in ten food categories. It is recommended that food products exceeding these limits should not be marketed to children. Food manufacturers themselves determine if their products are suitable for marketing to children. Compliance is checked by the secretariat of the Forum. The Danish government follows the results of the Code, and annual status meetings are held between the Danish Veterinary and Food Administration and the Forum. Government support voluntary pledges developed by industry Latvia In 2011, the Ministry of Health signed a Memorandum of Cooperation with the Federation of Food Enterprises and the Association of Soft Drink Companies to encourage companies not to advertise soft drinks to children aged 12 and under. The Memorandum applies to soft drink marketing in movie theatres and on TV if the audience consists of at least 50% children, and includes marketing activities on the internet and in the press. Norway The government already restricts all broadcast advertising to children through legislation in Norway (Broadcasting Act 1992). A voluntary initiative agreed in 2013 calls on industry to follow standards (set largely by government) on a further range of communications channels. It applies to marketing to children under the age of 13.In 2011, the Ministry of Health signed a Memorandum of Cooperation with the Federation of Food Enterprises and the Association of Soft Drink Companies to encourage companies not to advertise soft drinks to children aged 12 and under. The Memorandum applies to soft drink marketing in movie theatres and on TV if the audience consists of at least 50% children, and includes marketing activities on the internet and in the press. Spain The Self-regulatory Code for Food and Non-alcoholic Beverage Advertising Aimed at Children (Código de Autoregulación de Publicidad de Alimentos y Bebidas No Alcohólicas dirigida al Público Infantil 2005) developed between government and industry sets general guidelines and restricts product placement and use of celebrities in food advertising for signatories. The Code applies to advertising on audiovisual and print media as well as internet to children aged 12 and below; some of the guidelines are extended to internet advertising to children aged 15 and below. European Commission Switzerland Thailand United States Governments have stated they support the implementation of "pledges" developed by food companies which restrict advertising of foods (varies by company) to children under age 12 through specified communications channels (typically TV, radio and internet). (See link to Pledges on Food Marketing to Children Worldwide below) Copyright © 2015 World Cancer Research Fund International. Please send any feedback to [email protected] and acknowledge WCRF International as the originators. A number of other organisations provide access to policy databases. Some are listed below: International WHO Global Database on the Implementation of Nutrition Action Yale Rudd Center for Food and Obesity – Pledges on Food Marketing to Children Worldwide European WHO Europe Database on Nutrition, Obesity and Physical Activity Table last updated 24.11.2015 United States The Rudd Center for Food Policy and Obesity – Legislation Database National Association of State Boards of Education – State School Health Policy Database National Cancer Institute – Classification of Laws Associated with School Students Centers for Disease Control – Chronic Disease State Policy Tracking System Canada Prevention Policies Directory